Yes, I would have.
Evidence of meeting #18 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was charges.
A recording is available from Parliament.
Evidence of meeting #18 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was charges.
A recording is available from Parliament.
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes, I would have.
Conservative
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
In relation to how it's been going, I guess if you have something more specific.... We've been conducting a number of investigations. We take complaints as they come in. Is there something specific?
Conservative
Clifford Small Conservative Central Newfoundland, NL
There have been no charges laid since the 2019 act came into law. Is the act protecting the owner-operator from controlling agreements, do you think?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
In terms of the act and the regulations in particular, regarding the concept of controlling agreements or a transfer of use, rights and privileges as assigned to licences, I think the wording has some good strengths in there. The application of the regulations, or what I've been part of over the last couple of years in relation to some investigations, has not been successful. They've not worked out well.
Conservative
Clifford Small Conservative Central Newfoundland, NL
Have you had any investigations in which you felt that you had the evidence to move forward and prosecute?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes. I have had investigations in which I felt that there was sufficient evidence, certainly, to move forward with an investigation. Whether we got to a prosecution phase...but certainly to move forward with an investigation, yes.
Conservative
Clifford Small Conservative Central Newfoundland, NL
Have you ever had any of these cases in which you've asked for fishing licences to be suspended during investigations?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes, I have.
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
I've had to request, on several occasions, that licences be suspended pending the outcome of the investigation. Initially, the licences were suspended. The activities of the licence were suspended. Subsequent to that, the licences were.... The suspension on the licence and the activities related to them were then put back in place and things were allowed to move along with the licensing process.
Conservative
Clifford Small Conservative Central Newfoundland, NL
Was the lifting of the suspension based on your request?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
No. I did not request the licences to be released or for the activities to be released.
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
I don't know who would...what I would consider overruling. I know there are lots of activities going on in relation to other pressures for licensing and requirements, but as for the decisions, I don't know who would have made those decisions.
Conservative
Clifford Small Conservative Central Newfoundland, NL
We had Jimmy Lee Foss here a few weeks ago. Did you investigate that case?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes, I did. I was involved in the investigation into Mr. Foss's matter and his complaint.
Conservative
Clifford Small Conservative Central Newfoundland, NL
Do you believe there was a controlling agreement in place? Was there evidence that in the case of Jimmy Lee Foss, there was a controlling agreement in place?
Were there others with similar evidence that you've dealt with over the years?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes, in relation to Mr. Foss's matters, I believe there was evidence that supported our belief that there was a controlling agreement in place. We didn't get to the final conclusion on that, but certainly initially, and moving through our investigation, the information led me to believe that there were issues with the control of his licence.
Conservative
Clifford Small Conservative Central Newfoundland, NL
Has the Public Prosecution Service been involved in any of these controlling agreement investigations? Have you had evidence for which you would have taken it to the next step before charges were laid?
Supervisor, Major Case Management, Newfoundland and Labrador Region, Department of Fisheries and Oceans
Yes. As part of our investigations and the gathering of the information, I was in a place in the spring of 2024 in which our investigative team prepared a brief, which was submitted to the Public Prosecution Service of Canada. We requested advice on those files.
Conservative
Clifford Small Conservative Central Newfoundland, NL
We had the Public Prosecution Service here a few days ago. Basically, they said that if it wasn't in the public's interest to prosecute, then they wouldn't. Where does that leave the power of the Fisheries Act—and all the various clauses that are in the act—to protect the fishery if we have a Public Prosecution Service that decides it has to be in the public's best interest?
Liberal
The Chair Liberal Patrick Weiler
I'm afraid I'm going to have to jump in here. We're over time.
Mr. Didham, if you'd like to provide a response in writing, it would be appreciated.
At this point, we will go to Mr. Cormier for six minutes.
Liberal
Serge Cormier Liberal Acadie—Bathurst, NB
Thank you, Mr. Chair.
I'll ask some questions in French and English.
First of all, thank you all for the work you are doing for the protection of the fisheries and our oceans in this country. Thank you very much for all of that.
My first question is for you, Mr. Lushington. You said in your statement that in the last five months there were some significant changes. You saw more charges being put in front of the court. You had new lines of communication with the minister's office and the deputy minister, with new equipment and more operational vessels.
My question is this: Why have there been those changes lately? Why do you see all those changes happening?
Fishery Officer, Department of Fisheries and Oceans
I don't know why it happened, but it did, and I'm glad it did. Prior to the last five months, it was a real challenge for us. We were asking for equipment. Our work became more dangerous.
I feel that it has a lot to do with the closer relationship with our national chief of enforcement...having faster communication with the Minister of Fisheries and more direct communication with the fisheries. That results in the faster reaction to current situations that we need as boots on the ground. When we finally got body cameras and drones in the air, that made our work significantly safer, which is what we needed to carry on and do our work.